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Mohabet Khan
? | place_of_birth = | date_of_arrest = 2002-12 | place_of_arrest = Afghanistan | arresting_authority = American forces | date_of_release = 2006-10-11 | place_of_release = Afghanistan | date_of_death = | place_of_death = | citizenship = Afghanistan | detained_at = Guantanamo | id_number = 909 | group = Samoud Khan group | alias = | charge = no charge (held in extrajudicial detention) | penalty = | status = his release was not due to an OARDEC recommendation | csrt_summary = | csrt_transcript = | occupation = construction worker | spouse = | parents = | children = }} Mohabet Khan is a citizen of Afghanistan who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 909. American intelligence analysts estimates he was born in 1972. According to Deparmtent of Defense records Mohabet Khan was transferred to Guantanamo on March 7, 2003, and repatriated to Afghanistan on October 11, 2006. Mohabet Khan was captured on December 11, 2002. Combatant Status Review Tribunal s were held in a 3x5 trailer where the captive sat with his hands and feet shackled to a bolt in the floor.Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirrorInside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Allegations A two page Summary of Evidence memo was prepared for his CSR Tribunal on October 27, 2004 The allegations Khan faced during his Tribunal were: Transcript Khan chose to participate in his Combatant Status Review Tribunal. | title=Summarized Sworn Detainee Transcript | publisher=United States Department of Defense | pages=pages 14–24 | date=date redacted | author=OARDEC | accessdate=2010-03-30 }} On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published an eleven page summarized transcript from his Combatant Status Review Tribunal. Administrative Review Board hearings Detainees who were determined by their CSR Tribunals to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. There is no record that Mohabet Khan had a Summary of Evidence memo drafted to prepare for annual reviews in 2005 or 2006. There is no record that his repatriation was the result of a recommendation from the Office for the Administrative Review of Detained Enemy Combatants. Habeas Corpus petition Mohabet Khan had a habeas corpus petition filed on his behalf, Civil Action 05-cv-1010. mirror References Category:Living people Category:Guantanamo detainees known to have been released Category:1972 births Category:Year of birth uncertain Category:Afghan extrajudicial prisoners of the United States